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Fr- -1 BOOK 92 PACES67 MEMORANDUM ON THE STANDARDS FOR SITE PLAN REVIEW DATE: July 5, 1994 TO: Charles P. Vitunac County Attorney FROM: Warren W. Dill, Esq. RE: Standards and Requirements for the Review of Site Plans This memorandum is in response to your draft memorandum dated June 17, 1994 pertaining to "Standard of Review for Site Plan Approval". This response will focus primarily on the Case Excerpts numbered 1 through 15 in your draft memorandum. As we have previously discussed and I believe you agree, your reference to the term "technical requirements" throughout the memorandum is inaccurate. I realize that the Planning Department repeatedly uses this term (technical requirements) but it is not the scope of review established in the Land Development Regulations (LDRs) nor is it the standard by which the courts have reviewed Site Plan decisions. The correct basis for the review of site plans is found in Chapter 914, LDRs: Chapter 914. Site Plan Review and Approval Procedure Section 914.02. Purpose and intent. The -purpose of this section is to establish uniform requirements and procedures for reviewing applications for site plan approval. It is further the intent of this section to establish procedures and standards to implement the goals and policies of the Indian River County Comprehensive plan, and to ensure compliance with the intent, standards, and procedures of all applicable land development regulations. Section 914.15. Review standards and requirements. (1) Purpose and intent. The purpose of this section is to establish standards for reviewing site plans in order to ensure compliance with applicable county regulations. (2) Applicability. Site plans shall be reviewed pursuant to all applicable zoning district regulations and regulations for specific land uses, as applicable. (7) Use and maintenance of site and zoning standards. (b) All zoning district criteria must be met, including but not limited to: (10) Use(s). (8) Other Critical Site Plan Project Requirements and Review Standards. ...Site plan applications shall comply with all land development regulations ... (2) Zoning, chapter 911; (All zoning requirements must be complied with.) The phrase "technical requirements" does not appear above, its use by staff is misleading and there is no basis in the LDRs for its use and limited connotation.. The term implies mechanical things like "counting the number of parking spaces", "calculating the percent of open space", "checking the number of trees required for buffering", etc. These are certainly Bart of the review procedure but they are not the only factors (standards) to be considered when a site plan 93 July 12, 1994